People v. Archuleta CA4/2

INTRODUCTION

Defendant Raymond Anthony Archuleta appeals from the trial court’s order

denying his request for resentencing under Penal Code section 1172.75 after the

California Department of Corrections and Rehabilitation (CDCR) notified the trial court

that his judgment includes a now-invalid prior prison term enhancement.1 The trial court

struck defendant’s enhancements but declined to recall his sentence and resentence him

under section 1172.75, subdivision (d).

On appeal, defendant argues that section 1172.75’s resentencing procedure applies

to any defendant who is serving prison or jail time on a judgment that includes a now-

invalid prior prison term enhancement, regardless of whether the enhancement was

originally stayed, or its punishment was stricken. We disagree. If the punishment on a

now-invalid prison prior was stricken when the defendant was originally sentenced, then

the defendant is ineligible for resentencing under section 1172.75, subdivision (d). We

affirm.

BACKGROUND2

Pursuant to a plea agreement, defendant pled guilty in April 2017 to a criminal

threat (§ 422), and he admitted personal use of a deadly and dangerous weapon (§ 12022,

subd.…